Page:United States Statutes at Large Volume 104 Part 5.djvu/275

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3597 on the number of plans that are in implementation, including the number and acreage of farms engaged in pleinning by type of environmentally sensitive area, information relevant for evaluating the effectiveness of agricultural water quality plans in protecting water quality, and other information pertinent to implementation of this chapter. A final report shall be submitted no later than September 30, 1994.". SEC. 1440. ENVIRONMENTAL EASEMENT PROGRAM. Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) (as amended by section 1439) is further amended by adding after section 1238F the following new chapter: "CHAPTER 3—ENVIRONMENTAL EASEMENT PROGRAM "SEC. 1239. ENVIRONMENTAL EASEMENT PROGRAM. 16 USC 3839. "(a) ESTABLISHMENT.— The Secretary shall, during the 1991 through 1995 calendar years, formulate and carry out an environmental easement program (hereeifter in this chapter referred to as the 'easement program') in accordance with this chapter, through the acquisition of permanent easements or easements for the maximum term permitted under applicable State law from willing owners of eligible farms or ranches in order to ensure the continued long-term protection of environmentally sensitive lands or reduction in the degradation of water quality on such farms or ranches through the continued conservation and improvement of soil and water resources. " (b) ELIGIBILITY; TERMINATION.— "(1) IN GENERAL.— The Secretary may acquire easements under this section on land placed in the conservation reserve under this subtitle (other than such land that is likely to continue to remain out of production and that does not pose an off-farm environmental threat), land under the Water Bank Act (16 U.S.C. 1301), or other cropland that— "(A) contains riparian corridors, "(B) is an area of critical habitat for wildlife, especially threatened or endangered species; or "(C) contains other environmentally sensitive areas, as determined by the Secretary, that would prevent a producer from complying with other Federal, State, or local environmental goals if commodities were to be produced on such land. "(2) INELIGIBLE LAND.—The Secretary may not acquire easements on— "(A) land that contains timber stands established under the conservation reserve under subtitle D; or "(B) pasture land established to trees under the conservation reserve under subtitle D. "(3) TERMINATION OF EXISTING CONTRACT. — The Secretary may terminate or modify any existing contract entered into under section 1231(a) if eligible land that is subject to such contract is transferred into the program established by this chapter. "SEC. 1239A. DUTIES OF OWNERS; COMPONENTS OF PLAN. 16 USC 3839a. "(a) DUTIES OF OWNERS.— "(1) PLAN.— In conjunction with the creation of an easement on any lands under this chapter, the owner of the farm or ranch

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